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BOOK 79 Far,E 145 <br />(A) Commercial development is not permitted. <br />(B) Industrial development is not permitted. <br />(C) Condominiums and multifamily developments are not permit- <br />ted. <br />(D) Even low density residential development is not permitted <br />unless you happen to own at least a 40 acre parcel. <br />These restrictions make Agricultural Lands the lowest value of any <br />usable land within the County. This devaluation of land values <br />reduces the borrowing power to the farmer, and effectively prohib- <br />its the development of citrus and other agricultural uses. Such <br />restrictions do not protect or promote agriculture. <br />In reviewing the plan it appears that one -unit per -forty acre <br />zoning has been applied where there is already a platted subdivi- <br />sion (Fellsmere Farms Company Subdivision) which created 10 acre <br />tracts (lots) back in 1913. This proposed rezoning will create many <br />"non -conforming" uses of the property and deny the intended use of <br />many individual land owners of these tracts. <br />Now lets review the agriculture development of a parcel of land <br />with respect to the existing and proposed preservation regulations. <br />Typically the flatwood lands of Indian River County contain any- <br />where from 15% to 40% environmentally sensitive lands which have to <br />be protected undercurrent regulations. <br />For citrus development, of the remaining 85% to 60% of uplands, <br />storm water and irrigation/freeze protection management practices <br />dictate that 10% to 15% must be placed in detention/ retention <br />reservoir systems. Add to this the proposed 25% upland preservation <br />requirement and you can see that a farmer can only plant 50% (or <br />less) of his land to actual citrus. <br />I can think of several agricultural projects now under planning and <br />permitting stages that are economically stressed under current <br />regulations that will become economically unviable - will not go <br />forward - will not result in citrus development. The land owner <br />will have no alternative, in many instances but to litigate for <br />relief. <br />In summary, through the process of planning and rules and regula- <br />tions of various government agencies, presently undeveloped lands, <br />without compensation to the owner, are required to shoulder the <br />entire burden of promoting and protecting the public welfare. There <br />is enough burden on undeveloped agricultural lands now without <br />further restrictions, devaluation, and without taking an additional <br />25% and setting it aside for public welfare and benefit. <br />It appears that undeveloped agricultural lands are being singled <br />out, and are carrying out, an unreasonable burden of providing for <br />the public benefit and welfare. Not only can you not develop the <br />land for anything other than agricultural purposes, you can only <br />develop approximately 50% of the land for agricultural purposes, <br />and much of the remainder goes, without compensation to the land- <br />owner, to serve the public interest. What has happened to the <br />American concept of private ownership of property? What has hap- <br />pened to the Constitutionally protected concept of no taking with- <br />out just compensation? <br />38 <br />_ M M <br />